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June 1, 2018

Ten years later, courts are still sorting out who’s liable for Old GM’s failure to disclose a known defect.
Lower courts split three ways on 401(k) contributions and the calculation of disposable income in chapter 13.

May 31, 2018

Although there may be standing to appeal, failure to object can bar an appeal under doctrines of waiver or forfeiture.
Fraudsters get no sympathy from the Sixth Circuit on dischargeability.

May 30, 2018

Supreme Court’s subsequent Epic decision casts doubt on opinions overriding arbitration agreements in the bankruptcy context.
Circuit splits persist because the Supreme Court ducks fraudulent transfer cases.

May 29, 2018

Fourth Circuit again shows itself to be a debtor-friendly venue.
Delaware district judge explains why Stern doesn’t confer the equivalent of an appeal from an interlocutory order.

May 25, 2018

On tough automatic stay cases, let the PROMESA judge decide.

May 24, 2018

The appeals court avoids ruling broadly on the ability of a golden share or blocking provision to bar a company from filing bankruptcy voluntarily.